Clare v. Kelley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mark L. Kelley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of November, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of January, 1919, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The action was brought to recover upon an account stated for legal services. It was originally brought to recover also upon a quantum meruit, but upon the trial the count upon quantum meruit was abandoned and the action prosecuted as one upon an account stated.
The account stated is for services upon various matters covering about ten pages of the record, and there is a lump sum placed after all of those services for a fee of $7,500 and for disbursements $1,206.36, making a total of $8,706.36. There were acknowledged payments of $4,125, leaving a balance of $4,581.36. It is claimed…
2Cited by6 opinions
- Rodkinson v. HaeckerNew York Court of Appeals · 1928
- Gravel Products Division of Buffalo Crushed Stone Corp. v. Sunnydale Acres, Inc.New York Supreme Court · 1958
- Simmons v. SantoroNew York Supreme Court · 1962
- Stern v. BrettschneiderAppellate Terms of the Supreme Court of New York · 1920
- Sundure Paint Corp. v. Nursery Crafters, Inc.City of New York Municipal Court · 1948
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